§ 460-h. Review of criminal history information concerning prospective\nemployees, consultants, assistants and volunteers of publicly-funded\nemergency shelters for families with children. 1. Every provider of\nservices to publicly-funded emergency shelters for families with\nchildren, as such phrase is defined in subdivision nine of section four\nhundred twelve of this chapter, shall request from the division of\ncriminal justice services criminal history information, as such phrase\nis defined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law, concerning each prospective employee,\nconsultant, assistant or volunteer of such provider who will have the\npotential for regular and substantial contact with children who are\nserved by the publicly-funded emergency shelter for families with\nchildren.\n (a) Prior to requesting criminal history information concerning any\nprospective employee, consultant, assistant or volunteer, a provider\nshall:\n (1) inform the prospective employee, consultant, assistant or\nvolunteer in writing that the provider is required to request his or her\ncriminal history information from the division of criminal justice\nservices and review such information pursuant to this section; and\n (2) obtain the signed informed consent of the prospective employee,\nconsultant, assistant or volunteer on a form supplied by the division of\ncriminal justice services which indicates that such person has:\n (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n (ii) been informed of the reason for the request for his or her\ncriminal history information;\n (iii) consented to such request; and\n (iv) supplied on the form a current mailing or home address.\n (b) Upon receiving such written consent, the provider shall obtain a\nset of fingerprints of such prospective employee, consultant, assistant,\nor volunteer and provide such fingerprints to the division of criminal\njustice services pursuant to regulations established by the division of\ncriminal justice services.\n 2. A provider shall designate one or two persons in its employ who\nshall be authorized to request, receive and review the criminal history\ninformation, and only such persons and the prospective employee,\nconsultant, assistant or volunteer to which the criminal history\ninformation relates shall have access to such information; provided,\nhowever, the criminal history information may be disclosed to other\npersonnel authorized by the provider who are empowered to make decisions\nconcerning prospective employees, consultants, assistants or volunteers\nand provided further that such other personnel shall also be subject to\nthe confidentiality requirements and all other provisions of this\nsection. A provider shall notify each person authorized to have access\nto criminal history information pursuant to this section.\n 3. A provider requesting criminal history information pursuant to this\nsection shall also complete a form developed for such purpose by the\ndivision of criminal justice services. Such form shall include a sworn\nstatement of the person designated by such provider to request, receive\nand review criminal history information pursuant to subdivision two of\nthis section certifying that:\n (a) such criminal history information will be used by the provider\nsolely for purposes authorized by this section;\n (b) the provider and its staff are aware of and will abide by the\nconfidentiality requirements and all other provisions of this section;\nand\n (c) the persons designated by the provider to receive criminal history\ninformation pursuant to subdivision two of this section shall upon\nreceipt immediately mark such criminal history information\n"confidential," and shall at all times maintain such criminal history\ninformation in a secure place.\n 4. Upon receipt of the fingerprints and sworn statem
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